First National Bank of Volga v. Kleinjan

SABERS, Justice.

The trial court made a proper SDCL 15-6-54(b) determination after granting summary judgment to the Bank against Gary Kleinjan and others. See companion case 418 N.W.2d 326. Although we can decline the appeal on our own motion, we see no appropriate reason for doing so. Ochs v. Northwestern Nat’l Life Ins. Co., 254 N.W.2d 163, 166 (S.D.1977).

Gary’s parents, Wilbur and Adriana, mortgaged 580 acres to the Bank on October 9, 1981. The mortgage form used was for a “One Hundred Eighty Day Redemp*328tion” mortgage. Gary purchased a seven-acre building site out of this mortgaged property…